Articles Posted in Divorce

In Florida divorce proceedings, courts are tasked with making equitable decisions on financial issues, including child support, life insurance to secure that support, and the division of marital liabilities. However, these determinations must be grounded in both statutory requirements and factual findings. A recent Florida decision highlights the importance of careful judicial analysis when imposing child support and related obligations. If you are navigating a divorce involving financial complexities, a Miami family law attorney can ensure your interests are protected throughout the proceedings.

History of the Case

It is reported that the parties were married for nine years and had two minor children before the husband initiated dissolution proceedings. The case proceeded to a three-day final hearing in April 2023, during which the husband represented himself. The trial court entered a final judgment addressing child support, life insurance to secure support, and the classification of a substantial employment-related financial obligation.

Allegedly, the trial court calculated child support based on a 70/30 timesharing split in favor of the wife. It is reported, however, that this allocation did not match the timesharing schedule outlined in the parties’ Parenting Plan, which granted the husband five overnights and the wife nine overnights every two weeks. This schedule more closely resembles a 65/35 division rather than the 70/30 ratio used in the court’s child support calculation. Continue reading ›

In Florida family law cases, courts possess broad authority to ensure compliance with discovery and support obligations. However, this authority is bounded by due process and the requirement that coercive sanctions, such as daily fines, be imposed only after careful judicial consideration of the contemnor’s ability to pay. A recent opinion issued by a Florida court illustrates the legal safeguards required before a court may impose such coercive measures. If you are facing contempt proceedings or other enforcement actions in a divorce case, a knowledgeable Miami family law attorney can help protect your rights and guide you through the process.

Factual Background and Trial Court Proceedings

It is reported that the trial court entered a non-final order holding the petitioner in civil contempt for failure to comply with multiple prior agreed orders in an ongoing marital dissolution proceeding. The contempt finding stemmed from the petitioner’s alleged failure to file an updated financial affidavit, provide required financial discovery, and pay temporary support to the respondent.

Allegedly, the trial court had previously issued two orders in July 2024. It is reported that the petitioner did not fulfill his obligations under either order, prompting the respondent to pursue contempt sanctions. Continue reading ›

In Florida family law, trial courts are granted broad discretion in making decisions related to parenting responsibilities, the division of marital assets, and the allocation of attorney’s fees. Appellate courts will not disturb such decisions unless they are unsupported by evidence or involve legal error. A recent ruling by a Florida court illustrates how this deferential standard of review functions in the context of contested divorce proceedings involving parental authority and disputed property classification. If you intend to seek a divorce, it is smart to talk to a Miami divorce attorney about what steps you can take to protect your interests.

History of the Case

It is reported that the plaintiff appealed a final judgment dissolving his marriage to the defendant, raising three central issues on appeal. First, he challenged the trial court’s decision to award the defendant ultimate decision-making authority over their minor child’s education and healthcare. Second, he contested the equitable distribution, claiming that the trial court improperly classified and awarded the defendant half of what he alleged to be nonmarital property. Third, he disputed the trial court’s order requiring him to pay the defendant’s attorney’s fees and costs in full.

It is alleged that during trial, the defendant presented testimony in support of her request for ultimate parental responsibility concerning the child’s medical and educational matters. The plaintiff reportedly did not present rebuttal evidence to challenge her request or demonstrate that joint decision-making would serve the child’s best interests. The trial court found the defendant’s evidence competent and substantial, warranting the award of decision-making authority. Continue reading ›

In Florida divorce proceedings, parties must follow procedural rules to ensure their right to appellate review. Without an adequate record, appellate courts are constrained in their ability to review the lower court’s findings. A recent Florida divorce case illustrates how the absence of a trial transcript and the failure to raise issues in a rehearing can lead to the summary affirmance of a trial court’s judgment. If you are involved in a divorce and considering an appeal, it is critical to work with a Miami family law attorney who understands the importance of procedural preservation.

Facts and Procedure of the Case

It is reported that the former husband appealed a final judgment of dissolution of marriage, asserting five alleged errors committed by the trial court. His claims included the award of durational alimony to the former wife, the inclusion of certain expenses in the alimony calculation, the equitable distribution of a Chase Savings Account, the failure to credit him with two years of rent-free residence by the former wife, and the rejection of a purported marital agreement.

Lack of Preserved Error in Divorce Actions

It is alleged that the court reviewed the former husband’s claims in light of his failure to provide a transcript of the proceedings. Four of the five issues depended on the trial court’s factual determinations, credibility assessments, or evidentiary rulings. The court emphasized that it could not reverse decisions based on factual determinations without a transcript or an appropriate alternative. Citing established precedent, the court reiterated that appellants bear the burden of providing an adequate record. Without a trial transcript or a legally acceptable substitute, the appellate court found it could not meaningfully assess these claims. Continue reading ›

When a party to a divorce seeks to challenge a final judgment on appeal, they must provide the court with a sufficient record to support their claims. Without a transcript of the trial or a properly preserved objection, courts are generally required to affirm the lower court’s ruling. A recent Florida decision emphasizes the importance of preserving issues for appellate review, particularly when appealing findings related to alimony and equitable distribution. If you are navigating a contested divorce, it is essential to work with a Miami family law attorney who can take the steps necessary to protect your interests.

History of the Case

It is reported that the former husband filed an appeal from a final judgment of dissolution of marriage entered by the Miami-Dade Circuit Court. He alleged several errors, including the trial court’s award of durational alimony to the former wife, the inclusion of certain expenses in the alimony calculation, the division of funds in a Chase savings account, the denial of credit for the former wife’s use of the marital home, and the court’s determination that no enforceable marriage agreement existed between the parties.

It is alleged that the former husband specifically claimed that the former wife failed to request durational alimony in her petition. He further argued that the trial court erred in using expenses that would no longer exist after the divorce when calculating the wife’s need for support. Additionally, he challenged the distribution of the Chase savings account, asserting that he was entitled to a greater share. The former husband also contended that the former wife’s two years of rent-free residence in the marital home should have been credited against future alimony obligations. Finally, he asserted that the trial court improperly rejected the existence of a marital agreement. Continue reading ›

Florida law allows parties to agree that a private judge may resolve their disputes in lieu of a traditional courtroom setting. When properly authorized, private judges have the same authority as trial judges to make binding rulings. A recent Florida case reinforces the legal enforceability of such agreements and the limitations on trial courts when parties have delegated decision-making authority to a private judge. If you intend to end your marriage, it is important to understand your rights, and you should talk to a Miami divorce attorney at your earliest convenience.

Factual Background and Procedural History

It is reported that during their divorce, the parties entered into a written agreement stipulating that all litigation between them would be presided over by a private judge. The agreement was incorporated into the divorce decree and later reaffirmed. After the former husband passed away, disputes arose between the former wife and the estate of the former husband, particularly regarding entitlement to attorney’s fees.

It is further reported that the parties continued to submit matters to the private judge, including an earlier decision on entitlement to fees. However, the trial court later ruled that it, not the private judge, had jurisdiction to determine the amount of fees owed. The former wife objected and filed a petition seeking to prohibit the trial court from asserting jurisdiction over issues delegated to the private judge. The trial court denied the motion for reconsideration concerning its ruling on jurisdiction, prompting the former wife to seek relief from the court. Continue reading ›